Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership

Appellate Division of the Supreme Court of New York

Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership

259 A.D.2d 607, 686 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2472

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1999

StatusPublished

Cited by3 cases

This text of 259 A.D.2d 607 (Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership, 259 A.D.2d 607, 686 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2472 (N.Y. Ct. App. 1999).

Pincite

Opinion

In an action to recover damages for breach of contract, the defendant Harold Parker appeals from an order of the Supreme Court, Nassau County (Ain, J.), dated October 31, 1997, which denied his motion to vacate a judgment of the same court dated July 29, 1997, entered on the parties’ stipulation of settlement, in favor of the plaintiff and against him in the principal sum of $15,000.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not lightly set aside. A stipulation of settlement, particularly one made in open court, is to be strictly enforced, and a party will not be relieved from the consequences of a stipulation unless it establishes cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident (see, Wilutis v Wilutis, 184 AD2d 639; HCE Assocs. v 3000 Watermill Lane Realty Corp., 131 AD2d 543). Since the appellant failed to establish such sufficient cause, the Supreme Court did not err in denying his motion to be relieved of the strict terms of the settlement. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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In an action to recover damages for breach of contract, the defendant Harold Parker appeals from an order of the Supreme Court, Nassau County (Ain, J.), dated October 31, 1997, which denied his motion to vacate a judgment of the same court dated July 29, 1997, entered on the parties’ stipulation of settlement, in favor of the plaintiff and against him in the principal sum of $15,000.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not lightly set aside. A stipulation of settlement, particularly one made in open court, is to be strictly enforced, and a party will not be relieved from the consequences of a stipulation unless it establishes cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident (see, Wilutis v Wilutis, 184 AD2d 639; HCE Assocs. v 3000 Watermill Lane Realty Corp., 131 AD2d 543). Since the appellant failed to establish such sufficient cause, the Supreme Court did not err in denying his motion to be relieved of the strict terms of the settlement. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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Bluebook (online)

259 A.D.2d 607, 686 N.Y.S.2d 797, 1999 N.Y. App. Div. LEXIS 2472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quality-ceramic-tile-marble-co-v-cherry-valley-ltd-partnership-nyappdiv-1999.

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